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    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    CCPA Class Action Lawsuits Are Coming. Are You Ready?

    Flint Water Crisis Prompts Call for More Federal Oversight

    Oregon agreement to procure insurance, anti-indemnity statute, and self-insured retention

    2017 Legislative Changes Affecting the Construction Industry

    Hudson River PCB Cleanup Lands Back in Court

    Affordable Global Housing Will Cost $11 Trillion

    Living With a Millennial. Or Grandma.

    The Construction Lawyer as Problem Solver

    Residential Construction Surges in Durham

    Housing Starts Surge 23% in Comeback for Canadian Builders

    There's No Such Thing as a Free House

    Coverage For Advertising Injury Barred by Prior Publication Exclusion

    Court Rules Planned Development of Banning Ranch May Proceed

    San Francisco Sues Over Sinking Millennium Tower

    Architects Group Lowers U.S. Construction Forecast

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    D.R. Horton Earnings Rise as Sales and Order Volume Increase

    Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic

    Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

    Construction Litigation—Battles on Many Fronts

    Additional Insured Not Entitled to Reimbursement of Defense Costs Paid by Other Insurers

    A Few Things You Might Consider Doing Instead of Binging on Netflix

    How Do You Get to the Five Year Mark? Some Practical Advice

    Contractor Sues License Board

    Happy New Year from CDJ

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    Earth Movement Exclusion Bars Coverage

    Used French Fry Oil Fuels London Offices as Buildings Go Green

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    Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?

    Unlicensed Contractors Caught in a Sting Operation

    Texas School District Accepts Settlement Agreement in Construction Defect Case

    Construction Defect Settlement in Seattle

    Not So Universal Design Fails (guest post)

    Phoenix Flood Victims Can’t Catch a Break as Storm Nears

    Endorsement Excludes Replacement of Undamaged Property with Matching Materials

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Colorado SB 15-177 UPDATE: Senate Business, Labor, & Technology Committee Refers Construction Defect Reform Bill to Full Senate

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    Indemnification Against Release/“Disposal” of Hazardous Materials

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    Plaintiffs In Construction Defect Cases to Recover For Emotional Damages?

    Intentional Mining Neighbor's Property is Not an Occurrence

    Invest In America Act Offers 494 Billion In Funding to U.S. Infrastructure and Millions of New Jobs

    Cable-Free Elevators Will Soar to New Heights, and Move Sideways

    Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

    Broker's Motion for Summary Judgment on Negligence Claim Denied

    Pennsylvania Reconstruction Project Beset by Problems

    Structural Defects in Thousands of Bridges in America

    Construction Firm Sues City and Engineers over Reservoir Project
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand building and construction related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims investigation, testimony, and support services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Utilizing captive resources which comprise construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California ada design expert witnessAnaheim California eifs expert witnessAnaheim California construction cost estimating expert witnessAnaheim California building consultant expertAnaheim California construction expertsAnaheim California expert witness roofingAnaheim California multi family design expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    "Decay" Found Ambiguous in Collapse Case

    August 31, 2020 —
    The federal district court granted, in part, the insured's motion for summary judgment seeking coverage for a collapse of a church's ceiling. Derbyshire Baptist Church v. Church Mut. Ins. Co., 2020 U.S. Distl LEXIS 113346 (E.D. Va. June 29, 2020). A large portion of the sanctuary ceiling of the insured's church collapsed. A claim was filed with the insurer. The insurer hired a forensic engineer who found the collapse was caused by the disconnection of wire support hangers from the wood roof beams. Further, "the redistribution of load on the hangers resulted in a progressive failure of the hangers and their supported components." Based on these findings, the insurer denied coverage. The policy excluded coverage for collapse, but in the Additional Coverage portion of the policy, collapse caused by "decay that is hidden from view" was covered. The court pondered the meaning of "decay," which was not defined in the policy. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    September 21, 2020 —
    Pinterest Inc. canceled a large office lease at a building to be constructed near its San Francisco headquarters, marking one of the most significant moves yet by a big tech company to scale back real estate plans in the city amid the Covid-19 pandemic. “As we analyze how our workplace will change in a post-Covid world, we are specifically rethinking where future employees could be based,” Todd Morgenfeld, Pinterest’s chief financial officer and head of business operations, said in a statement Friday. The social-sharing service is paying an $89.5 million termination fee to terminate its lease for 490,000 square feet (45,500 square meters) of space. It will keep its existing offices in the city. Read the court decision
    Read the full story...
    Reprinted courtesy of Sophie Alexander, Bloomberg

    White and Williams Announces Lawyer Promotions

    May 25, 2020 —
    White and Williams is pleased to announce the election of Vincent Barbera and James Burger to the partnership. The firm has also promoted Victoria Fuller, Phyllis Ingram, William Johnston, Eric Porter, Gus Sara, Jenifer Scarcella, Lian Skaf and Brett Tishler from associate to counsel. The newly elected partners and promoted counsel represent the wide array of practices that White and Williams offers its clients, including education, finance, financial lines, insurance coverage, labor and employment, litigation, real estate, and subrogation. These accomplished lawyers have earned this advancement based on their contributions to the firm and their practices. “We are pleased to elect these two lawyers to the partnership and promote eight exceptional associates to counsel. The group demonstrates the legal talent and breadth of services White and Williams offers clients,” said Patti Santelle, Managing Partner of the firm. “The contributions of these lawyers have enhanced the growth and reputation of our firm and reflect our deep commitment to clients. We look forward to their continued success.” Read the court decision
    Read the full story...
    Reprinted courtesy of White and Williams LLP

    It’s Time to Include PFAS in Every Property Related Release

    June 01, 2020 —
    While the federal government and states (including California) are working on establishing standards and how to manage the toxic chemicals known as PFAS (as defined below), certain states and banks are requiring testing for PFAS to approve no-further-action (NFA) determinations or to underwrite loans. PFAS do not easily fit within standard definitions of hazardous substances used in today’s agreements. Thus, if you want to ensure you and your successors are released for PFAS which later environmental testing may reveal, ensure such is specifically listed in your releases. What Are PFAS As depicted in the recent major-release movie Dark Waters, PFAS are a group of very stable man-made chemicals that are both toxic and ubiquitous. They are long-chain chemicals which means they do not naturally degrade easily. Reprinted courtesy of John Van Vlear, Newmeyer Dillion and Gregory Tross, Newmeyer Dillion Mr. Vlear may be contacted at john.vanvlear@ndlf.com Mr. Tross may be contacted at greg.tross@ndlf.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Who is a “Contractor” as Used in “Unlicensed Contractor”?

    June 08, 2020 —
    A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In Fleetwood v. Lucas,[1] the contractor was hired by the homeowners to perform renovations on two homes. One of the projects went over budget, and the homeowners failed to pay the remaining balances on both projects. Following their failure to pay, the contractor sued the homeowners for breach of contract, and the jury delivered a verdict in his favor. The homeowners appealed on the grounds that the contractor was barred from bringing suit because the contractor did not have a license to perform the work. Generally, if a contractor does not have a residential or general contractor’s license but performs work when a license is required, the contract is unenforceable. O.C.G.A. § 43-41-17(b). However, under O.C.G.A. § 43-41-17(g), a contractor may perform repair work without a license if the contractor discloses that he does not have a license, and the work does not affect the structural integrity of the project. In this case, the contractor failed to disclose that he did not have a license. Read the court decision
    Read the full story...
    Reprinted courtesy of Taylor Orgeron, Autry, Hall & Cook, LLP
    Mr. Orgeron may be contacted at orgeron@ahclaw.com

    Product Defect Allegations Trigger Duty To Defend in Pennsylvania

    August 31, 2020 —
    The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying lawsuits in which homeowners alleged that the homes built by 200 Christian Street Partners (“Christian Street”) were defectively constructed. Christian Street tendered the claim to its insurer, Nautilus Insurance Co. (“Nautilus”), for defense and indemnity.1 Nautilus filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania, seeking a declaration that it was not obligated to defend Christian Street in the underlying actions.2 Specifically, Nautilus asserted that it was not required to provide a defense in the underlying actions because Pennsylvania law does not consider faulty workmanship to constitute an “occurrence” and, therefore, to trigger the policy’s insuring agreement and the insurer’s duty to defend.3 Read the court decision
    Read the full story...
    Reprinted courtesy of Stacy M. Manobianca, Saxe Doernberger & Vita
    Ms. Manobianca may be contacted at smm@sdvlaw.com

    COVID-19 Case Remanded for Failure to Meet Amount in Controversy

    September 14, 2020 —
    The federal district court remanded to state court a loss of rent claim because the amount in controversy requirement was not met. Geragos & Geragos Fine Arts Bldg., LLC v. Travelers Indemn. Co., 2020 U.S Dist. LEXIS 127427 (C.D. Cal. July 20, 2020). Geragos suffered loss of rental income due to the COVID-19 tenant relief measures implemented in Los Angeles. The tenant relief orders would remain in effect for the duration of the emergency period, the end date of which was not presently set. Geragos submitted a claim for loss of rental income to Travelers. When the claim was denied, Geragos sued in state court. Travelers removed to federal district court. Geragos moved to remand the case back to state court for lack of subject matter jurisdiction. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    California Mechanics’ Lien Case Treads Both Old and New Ground

    July 27, 2020 —
    People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but also covers some new ground. Carmel Development Company v. Anderson Carmel Development Company, Inc. provided design and construction services at a luxury subdivision known as Monterra Ranch located in Monterey under an oral contract with developer Monterra LLC which spanned over more than a decade. Between 1996 and 2008, Carmel was involved in the infrastructure design and construction of the subdivision including lot design and layout, the location of building envelopes on each lot, water and sewage system layout and design, and roadway design, construction and repair. When roughly half of the lots were developed and sold Monterra ran out of money and Carmel sued. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com